Factual causation versus legal causation- definition and difference 43
factual: how the deceased came to be dead, and the contribution of
Legal: (also known as imputable) whether the accused should be held
accountable/responsible in law for the death
difference: Factual is physical, the actions of the accused, and legal is
(mens rea-legal, while factual could be actus reus)
What does the Crown need to do to establish factual causation? 43
Crown needs to prove “but for” the actions, the consequence would
NOT have happened.
Foreseeability- what is it and why is it important? 44
ability to see consequences. It's important because some people can't
see consequences, because of things (diabilities) they cannot control.
Acceleration of death –what is it and why is it important?
'Where a person causes to a human being a bodily injury that results
in death, he causes the death of that human being notwithstanding
that the effect of the bodily injury is only to accelerate his death from
a disease or disorder arising from some other cause.”
The majority decision in the Rodriguez case -49
she would not be allowed to committ assissted suicide.
Passive versus active euthanasia 50
passive: withholding treatment (like life support or nutrition)
active: injection with drugs or a lethal substance to kill the human.
The Smithers case and the finding of Supreme Court 51-2
hockey game- smithers pursued cobby after the game, kicked him,
cobby died as a result of a faulty flap in his throat when he puked. Was
found guilty. Appeal was dismissed.
“Significant Contributing cause” to the death of the deceased.
Kitching and Adams case- what is the issue and understand it? 54
Deceased suffered brain death, was on life support. Doctors had him
on life support until they removed kidneys, then pulled the life support
plug. Defendants argued that it broke the chain of causation and that
they did not KILL HIM. Rejected and were convicted.
The Smith case and how it is enshrined in the Criminal Code of Canada 56
is this smith or smithers?
What is the definition of causing death by acting on the victim’s mind?
“influence on the mind”
cannot be convicted if you caused death solely on psychological (fear,
intimidation) means. If deceased had pre-existing condition that
caused death when in fear or intimidated, you cannot be convicted.
Definition of mens rea
refers to all mental elements other than voluntariness. They cary from
crime to crime.
Mens rea according to Justice McLachlin in the case of Theroux 67
the wrongful intention of the accused.
Subjective mens rea 68
requires that the accused have intended the consequences of actions.
Even knowing those consequences, they still proceeded.